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General terms and conditions

General Terms and Conditions of Business

 

§ 1 Scope of application

The following terms and conditions apply to all orders placed via our online shop www.kontor1710.de by consumers and entrepreneurs.

The following applies to Germany: In accordance with § 13 of the German Civil Code (BGB), a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

The following applies to Austria: In the following conditions, "consumer" is understood to mean "consumer" within the meaning of the Consumer Protection Act (KSchG).

For Switzerland: In the following terms and conditions, "consumer" is understood to mean "consumer" according to Swiss law.

With respect to entrepreneurs, these GTC shall also apply to future business relations without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

 

§ 2 Contractual partner, conclusion of contract, correction options

The purchase contract is concluded with ac.concept GmbH & Co.KG. (hereinafter only referred to as "ac.concept").

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. Due to the fact that various browsers interpret the source code of the products offered differently in some cases and that the customer can make individual settings for the hardware and software he uses, a completely identical presentation with all Internet browsers and with all hardware used is not guaranteed.

You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you make a binding offer for the goods contained in the shopping basket. Confirmation of receipt of your order will be sent by e-mail to the e-mail address provided by you immediately after you have sent the order.

However, a purchase contract is only concluded when an order confirmation is sent by e-mail or when the ordered goods are delivered.

In doing so, we accept your offer within two days by sending a declaration of acceptance (order confirmation) in a separate e-mail or, if applicable, by carrying out the payment transaction through our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the respective selected payment method (see under "Payment"). The relevant alternative for you depends on which of the listed events occurs first.

You must ensure that the e-mail address you provide for processing the order is correct and accurate so that the e-mails sent by ac.concept can be received at this address. If you use SPAM filters, you must also ensure that all e-mails sent by ac.concept or kontor1710.de or third parties commissioned by ac.concept can be delivered. When the contract with us comes into effect depends on the method of payment you have chosen (cf. § 5).

  

§ 3 Contract language, contract text storage

The language(s) available for the conclusion of the contract: German, English.

The text of the contract as well as all other data of the customer necessary for the execution of the contract will be stored by ac.concept or kontor1710.de and can be viewed by the customer at any time in the corresponding customer account on the website of kontor1710.de.

  

§ 4 Terms of delivery

Shipping costs are added to the stated product prices. You can find out more about the amount of the shipping costs in the offers or under our shipping and payment conditions.

Unless otherwise stated in your order, we will dispatch the goods within 3 working days after receipt of payment. In the case of delivery on account, we will dispatch the goods - unless otherwise stated when you placed your order - within 3 working days after delivery of the order confirmation. (Deviations are possible! Please observe any notes under §4!)

NOTE: Please check your address details for completeness and correctness when placing your order. Incorrectly entered address data can lead to a delay in your delivery or to a return of the shipment if your correct address cannot be determined by the parcel service. If you enter an incorrect address, we will be happy to resend your parcel to your correct address. However, we will have to charge a flat shipping fee of €4.95 for resending the parcel.

In principle, you have the option of collection from Kontor 1710 // ac.concept GmbH & Co.KG, Ehlbeek 5, 30938 Burgwedel-Großburgwedel, Germany during the business hours stated below: In our office and showroom usually Monday to Thursday from 10:00 am to 5:00 pm, Friday until 3:00 pm except on public holidays.

 

 

§ 5 Payment

The following payment methods are generally available in our shop:

Prepayment

You pay directly to our bank account and benefit from a 3% advance payment discount.

In this case, we accept your order by sending a declaration of acceptance in a separate e-mail within two working days, in which we give you our bank details.

We expect your payment within 7 days. After this period the order will be deleted.

 

Klarna - Invoice

In the order process you will be redirected via our payment provider Mollie to the website of the online provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden, to whom we assign our invoice claims. After placing the order in the shop, we request Klarna Bank AB to initiate the payment transaction (assuming creditworthiness) and thereby accept your offer and you receive an order confirmation with a separate e-mail from us. You simply pay Klarna Bank AB directly within 14 days of your order being dispatched.

 

Credit card (Mastercard, Visa and American Express)

When you place your order, you also send your credit card details to our authorised payment partner Mollie B.V. [https://www.mollie.com] based in the Netherlands. After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction and thereby accept your offer and you will receive an order confirmation with a separate e-mail from us.

 

PayPal

In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal") we offer you the following payment options as PayPal Services. Unless otherwise stipulated below, payment via PayPal does not require registration with PayPal. You will find further information on the respective payment option and in the order process.

 In order to be able to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order has been placed. PayPal can offer registered PayPal customers selected according to its own criteria further payment modalities in the customer account. However, we have no influence on the offer of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information on this in your PayPal account.

 

Giropay

With our payment partner Mollie B.V. [https://www.mollie.com] we also offer you the possibility to pay via Giropay at paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M., Germany.

 After placing your order, you will be redirected to the website of paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M., Germany. In order to pay the invoice amount via Giropay, you must have an online banking account that has been activated for the Giropay procedure, identify yourself accordingly and confirm the payment instruction.

 

Apple Pay

When you place your order, you also send your credit card details to our authorised payment partner Mollie B.V. [https://www.mollie.com], which is based in the Netherlands. After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction and thereby accept your offer and you will receive an order confirmation with a separate email from us.

This payment method is only available to customers who have registered with the payment service provider Apple Inc, One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), have activated the Apple Pay function, can legitimise themselves with their access data.

 

Sofort / Pay now by Klarna - bank transfer

In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process

 After payment, you will be redirected back to our webshop and your order is completed. After placing your order via our webshop, you will receive an order confirmation by e-mail and, after verification, an order confirmation by separate e-mail to the e-mail account you have specified.

 

Payment modalities for "click & collect" collection

In this case, it is necessary that you have placed an order in advance and paid via the payment options offered. As soon as your order is ready for collection, you will receive a message via e-mail or your stored telephone number that you can collect your purchase from our company location at Ehlbeek 5 in 303987 Burgwedel.

  

§ 6 Right of withdrawal

Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal. You can find further information on this at https://www.kontor1710.de/widerrufsrecht !

 

 

§ 7 Retention of title

The goods remain our property until full payment has been made.

For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request insofar as the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.

  

§ 8 Transport damage

The following applies to consumers:

If goods are delivered with obvious transport damage, please complain about such faults to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

The following applies to entrepreneurs:

The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) applies. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

  

§ 9 Warranty and guarantees

9.1 Liability for defects

The following applies to consumers domiciled in Germany and Austria:

The statutory law on liability for defects shall apply.

 

The following applies to consumers domiciled in Switzerland:

They shall inspect the quality of the goods received as soon as this is feasible in the ordinary course of business and, if defects arise for which the seller is liable, they shall notify the seller immediately. If the consumer fails to do so, the purchased goods shall be deemed to have been accepted, unless they have defects which were not apparent during the normal course of business. If such defects are discovered later, the notification must be made immediately after discovery, otherwise the item is deemed to have been approved also with regard to these defects. Send the defective product back to us with a description of the defect. You shall bear the transport costs incurred. We provide warranty by rectifying defects. This is done, at our discretion, either by rectifying the defect (subsequent improvement) or by delivering a defect-free item (replacement delivery). If the subsequent performance fails, you are entitled to withdraw from the contract. This does not apply in the case of insignificant defects. A right to a price reduction is excluded.

 

The following applies to entrepreneurs and merchants:

Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply. The following restrictions and shortening of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, limb or health
  • in case of intentional or grossly negligent breach of duty as well as fraudulent intent
  • in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
  • within the scope of a guarantee promise, if agreed, or
  • insofar as the scope of application of the Product Liability Act is opened.

 

Restrictions vis-à-vis entrepreneurs

In relation to entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The previous sentence shall not apply to an item which has been used for a building in accordance with its customary manner of use and has caused its defectiveness. The sale of used goods is made to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

 

Regulations vis-à-vis merchants

Among merchants, the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

 

9.2 Guarantees and customer service

Information on any applicable additional warranties and their exact terms and conditions can be found with the product and on special information pages in the online shop.

Customer service and personal telephone support: Do you have any questions, suggestions or special requests? Then please feel free to call us! Tel.: 05139 - 9 7282 0 during our office hours (Monday to Friday) from 10:00 - 17:00 (Friday until 15:00) CET.

 

 §10 Liability

For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation

  • in the event of injury to life, limb or health,
  • in the event of intentional or grossly negligent breach of duty,
  • in the case of warranty promises, insofar as agreed, or
  • insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

  

§11 Code of Conduct

We have submitted to the following codes of conduct: Trusted Shops

 (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)

  

§ 12 Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform for the settlement of their disputes.

To resolve disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists at all, we are obliged to participate in dispute resolution proceedings before a consumer arbitration board. The competent body is the General Consumer Arbitration Board (from 01.01.2020: the Universal Arbitration Board) of the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in a dispute resolution procedure before this body.

  

§ 13 Final provisions

If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.